TERMS AND CONDITIONS
This Terms and Conditions (“Terms or Agreement”) governs your use of Academy Trained’s services, mobile applications, and our platforms, including academy-trained.com and any sub-domains or related domains (“the Site”, “the Service”, “Services”, “Us”, “We,” “Our”, “Company”, “The Academy”, “Website”). The information and content available on our website and through the Services are for educational purposes only.
By using any of our Services you signify that you have read, understand and agree to be bound by these Terms and Conditions (“Terms” or “Agreement”), regardless of whether you are a registered user of the Site. By visiting our Site or signing up for any of our services, you engage in our Services (the “Service”, “Services”). These Terms and Conditions apply to all users of the Site, including browsers. You must be at least 18 years old or older to gain access to our website and its contents. As used herein, “You, “User” or “Users” means anyone who accesses and/or uses the Site or any of our Services or if the user represents an entity or other organization, that entity or organization.
In the event a User has entered into an Enterprise Agreement or similar contractual agreement and such agreement conflicts with these Terms, the Enterprise Agreement will control over these Terms.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These Terms and Conditions were last updated on February 24, 2022.
Section 1 – Account Creation.
You need an account for most Services provided by the Company. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any charges incurred or damage (to us or anyone else) caused by you or someone using your account with or without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and the company will not intervene in disputes between customers who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may request some information from you to confirm that you are indeed the owner of your account. Users must be at least 18 years old to access our Site or use our Services. If we discover that you have created an account that violates these rules, we will terminate your account.
Upon termination of your account, You agree that your name and User Content may remain accessible to the Company and other users.
Section 2 – End User License Agreement; Access to the Service.
2.1. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO OUR SERVICES.
2.2. Any new features or services which are added, at our sole discretion, shall also be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time Such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement. Company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.
Section 3 – Usage Rules.
You agree that the Site would be irreparably harmed by the use, by You or others, of the Site or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of this Agreement, and that the Company is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). The Company reserves the right to block, filter or delete unsolicited email, postings or messages.
When communicating through the Service, with other Users, instructors, members of our team or anyone else, you agree to be respectful and kind. If we feel that your behavior is at any time threatening or offensive, we reserve the right to immediately terminate your access to our services with no refunds given.
You agree to be responsible for any damages resulting from your breach of this Agreement and reimburse us for all of costs, expenses and fees (including all attorney’s fees) arising from or relating to your breach.
Section 4 – User Content and Protection of Personal Information.
You agree that all information, postings, or comments (“Content”) that you provide to Us, including your name and contact information, is accurate and truthful. By posting or submitting such Content, you represent and warrant that you own or otherwise have sufficient rights to the Content that you provide, that the Content is accurate, that it does not violate this Agreement or any applicable law, and that it will not violate the rights of any person or entity. All Content that you upload to our Service remains your sole intellectual property.
By providing the Content to Us you are granting the Company a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content. This grant of rights and license applies to use of your name, contact information, photo, likeness, voice, and other personal information, if included in the Content.
You understand and agree that we may monitor or review any Content you post as part of our Service. We may delete, edit, or require you to delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service or our partners.
Section 5 – Links.
Through your use of the Service, you may be provided with hyperlinks to other Internet sites or resources, including hyperlinks provided by third-party advertisers and sponsors to the Service. We make no representation or warranty as to those sites and resources, or the advertising material presented by third-party advertisers and sponsors through the Service. You agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource.
You may link to the Site, unless notified otherwise in writing by the Company. However, You may not frame the Site in a manner that may cause confusion to Our customers, nor may You interfere or attempt to interfere in any way with the operation of the Site, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any Site security features.
Section 6 – Intellectual Property.
The information available through the Service is the property of the Company and others and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted and printed or used for any commercial purpose whatsoever without the prior written consent of the Company. All copyrights and other intellectual property rights in the Site, including without limitation all software and written and graphical content included in the Site, are owned by the Company. Such marks or intellectual property may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.
Section 7 – Courses
7.1 The Academy offers online and in person training and courses to its Users (“Courses”). The information and content available on our website, through the Services, and in our Courses are for educational purposes only.
7.2 The fees to take a course may vary and will be posted on each course’s landing page. The Academy offers in person courses, OnDemand online courses, and live online courses. Access to certain courses may only be available with the enrollment of subscription access to the Site. The Academy may offer free courses and paid courses.
7.2 Subscription courses are only available with an auto-renewing subscription. Unless otherwise governed by a written agreement entered into and executed by the parties, this Agreement will govern the subscription. The Subscription Period will be selected by the User upon signing up for our Services. The subscription fee varies by level of service and Subscription Period selected. During the Subscription Period the User may access the Services. At the end of each Subscription Period, your subscription will be automatically renewed for successive Subscription Periods until cancelled. If you do not wish to continue your subscription, you may terminate your subscription before your current subscription period ends. Subscription prices may change from time to time and by continuing to use the Service you agree to the price change.
7.3 Once a User enrolls in and pays for an OnDemand course, the User will have access to the Course and the Course materials for one (1) year, unless otherwise specified on the Course landing page.
7.4 All payments are final. The Academy does not offer refunds, except in the limited situation where The Academy cancels the course. Users who sign up for a live course and fail to attend will not be issued a refund. Users who experience technical difficulties when attending a live course will not be issued a refund.
7.5 Certain Courses are offered by other users or independent contractors and not by The Academy itself (“User Courses”). The Academy makes no representations or warranties regarding the content of these courses. The views expressed in these user courses, do not necessarily reflect the views of The Academy.
Section 8 – Disclaimers; Limitations; Waivers of Liability.
8.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ACADEMY PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE ACADEMY PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE ACADEMY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT THE COMPANY HAS PAID TO YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
8.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Section 9 – Release.
You forever release, discharge, and covenant not to sue the Academy Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Academy Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the Academy Parties if anything happens to you, your personal information, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
Section 10 – Indemnification.
You agree at all times to indemnify, defend and hold harmless the Academy Parties harmless from any claim, causes of action, damages, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 11 – Rights of European Union Residents
Notwithstanding Section Users who are residents of the European Union may have certain rights to return or cancel a purchase within 14 days of purchase. In addition, in certain limited situations, Users who are residents of the European Union may be entitled to a two year warranty for goods sold through our service. These circumstances are limited to: (i) the item does not match the product description, (ii) the item has different qualities from the model advertised, (iii) the item is not fit for the standard purpose of the item, (iv) the item does not show the quality and performance normal in products of the same type or (v) the item wasn’t installed correctly due to shortcomings in the instructions.
Section 12 – Governing Law and Dispute Resolution.
The laws applicable to the interpretation of this Agreement shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of Santa Rosa, California. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, shall be resolved by final and binding arbitration in Santa Rosa, California under the rules of the American Arbitration Association then in effect. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Rosa County, California, and waive any objection to such jurisdiction or venue.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Section 13 – Severability.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 14 – Miscellaneous.
(a) Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information by the Company is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. (b) This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. (c) Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. (d) You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with the Company relating to the Service. (e) The section headings used in this Agreement are for convenience only and will not be given any legal import. (f) Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. (g) You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Section 15 – Statute of Limitations.
Section 16 – Changes to this Agreement.
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, and without notice to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Section 17 – Entire Agreement.
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 18 – Contact Information.
Questions about the Terms and Conditions should be sent to us at Kendall@academy-trained.com.